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01-18-11 Regular City Commission MinutesJANUARY 18, 2011 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Nelson S. McDuffie in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, January 18, 2011. 1. Roll call showed: Present - Commissioner Gary P. Eliopoulos Commissioner Fred B. Fetzer Commissioner Adam Frankel Commissioner Angeleta E. Gray Mayor Nelson S. McDuffie Absent - None Also present were - David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Reverend Linda Mobley with Cason United Methodist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mr. Fetzer requested that Item 8.H., Resolution No. OS-11, of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A. Mr. Eliopoulos requested that Item 8.E., Acceptance of Donation/Shelly Weil of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A.A. and requested that Item 9.G., Request from the Creative City Collaborative (CCC) to Waive Costs be moved up on the Regular Agenda as Item 9.A.A.A.A. Mr. Eliopoulos moved to approve the Agenda as amended, seconded by Mr. Frankel: Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 01/18/11 5. APPROVAL OF 11!IINUTES: Mr. Frankel moved to approve the Minutes of the Regular Meeting of January 4, 2011, seconded by Mrs. Gray. Upon rail call the Connzaission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos - Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 6. PROCLAMATIONS: 6.A. Reco~nizin~ $laek Kistorv Month -February 2011 Mayan McDuffie read and presented a proclamation hereby proclaiming the month of February 2011 as Black History Month. Lula Butler, Director of Community Improvement, came forward to accept the proclamation. 7. PRESENTATIONS: 7.A. Senator Chris Smith - Legislative Update Presentation Chris Smith, State Senator, stated he is the State Senator for this area and shares the I-95 Corridor east and west of I-95 going up through Delray. Mr.' Smith stated the Legislative Session begins on March $, 2011 and will last far 60 days. Mr, Smith stated they will be looking at unfunded mandates and with a new Governor and new Administration they are looking at duplication of services. Mr. Smith stated they require a lot from municipalities and the duplication of services that the State does not send funds for is taxing on the budgets of the municipalities. I~lr. Smith stated they will also talk about pension reform, Medicaid, education, and insurance to see ways they can cut without hurting the citizens of Florida, It~Ir. Smith stated he is Vice-Chair of the Insurance Commission and he referenced an article in the newspaper today about Citizens Insurance and a possible increase. The State will look at all types of insurance to make the market more robust and to bring insurance companies more competition into the State. Mr. Smith stated the Governor has made it his priority to go after tort reform and bad faith. Mr. Smith stated on his website (www.senatorchrissmith.com} there is an icon called "There Ought to be a Law" or something not be a law now is the time to speak up and say that. Mr. Smith stated they file approximately 2,000 bills every year and about 200 of those bills actually became law. Mrs. Gray stated she will be seeing Mr. Smith in Tallahassee on March 8, 2011. Mr. Frankel stated he was disappointed to read in the newspaper recently about the problems with the pain clinics. IVIr. Frankel stated there is such a large problem in this city as well as the state and any efforts Mr. Smith can make towards that would be most appreciative. 2 01118/11 Mayor McDuffie concurred with continents expressed by Commissioner Fratakel and stated this community has been working on the pain clinic issue for quite some time. He stated the City Commission passed ordinances and the State has done some things for Delray Beach that have given our Police Officers a little bit more leeway in getting into these clinics, Mayor McDuffie stated the City was required to have a Court Order to walk into one of the pain clinics prior to the Legislation that has been passed. Mayor McDuffie stated he was in Washington D.C. last year and will be back there and the best reception he received was from Senator Nelson who was working an this from the MedicarelMedicaid side. However, Mayor McDuffie stated people in South Florida know that this is really a problem because it is a cash business down here. Mayor McDuffie stated of the top ~0 prescribing physicians for Oxycodone in the United States, all 50 of them are in Dade, Broward, and Palm Beach County. Mayor McDuffie stated the other problem is sober houses and the City of Delray Beach has written three ordinances to try to stay out of stepping on someone's constitutional rights because people who have addiction problems are covered by ADA (Americans with Disabilities Act). Mayor McDuffie stated we have some unscrupulous operators in Delray Beach and other cities that are not treating these young men and women but just taking their money. Mayor McDuffie stated we need some way at the State level to register these sober houses and be able to control them because the City of Delray Beach is not able to do that now. Mayor McDuffie stated Senator Smith can help the community help the citizens because both those things contribute to crime and help make the jobs of our law enforcement a little easier. Mr. Smith stated Senator Aronberg who helped write the law has gone in house with the Attorney General to be an enforcer of that. Mr. Smith stated he also serves on the Criminal Justice Committee and they had a presentation by Sheriff's of some west coast counties discussing some of the new synthetic designer drugs that axe being sold in the convenient stores and they are crafting laws now to allow law enforcement to go to some of these convenient stores and go after some of things that are being sold under a guise that they know are being used to perpetuate drug use in our communities. Mr. Smith stated the Criminal Justice Committee is working on this and will probably come up with broad legislation to give law enforcement an opportunity to do something in these communities where they know the things being sold are not being sold for a positive purpose. 7.B. RESOLUTION NO. 03-I1: Approve Resolution No. 03-11 recognizing and commending Thomas Quinlan for 30 years of dedicated service to the City of Delray Beach. The caption ofResolution No. 03-11 is as follows: A RESOLUTION OF T'FIE CITY CONIIVIISSION OF THE CITY OF DELRAY BEACH, FLORIDA, F;ECOGNIZING AND COMMENDING THOMAS J. QCIINLAN FOR 'T'HIRTY YEARS OF DEDICATED SERVICE TO THE CITY OF DELRAY BEACH. 3 01118111 (The official copy of Resolution No. 03-11 is on file in the City Clerk's office.} Mr. Eliapoulos moved to approve Resolution No. 03-11, seconded by Mrs. Gray. LTpan roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. 7.C. S.P.I.R.I.T. (Service, Performance, Integrity, Responsibility, Innovation, Teamwork) Committee Quarterly Awards Presentation Jennifer Buce, Litter Prevention Coordinator, stated Dr. Debra Kaiser has been in charge of the Marring Program at Carver Middle School and the children fram this program made a Butterfly Garden the first year and the second year they made a Vegetable Garden and donated 3? pounds of vegetables to the Caring Kitchen. Ms. Buce stated last year the children read a book entitled "Dead Fred and the Good Luck Circle" written by Frank McKinney and this year they are recreating that circle in one of the four quadrants in the courtyard. Ms. Buce recognized and commended Ricky Adams, Jesse Melendez, and Willie Sumter fram the Parks and Recreation Department and stated this could rat have been lane without their help. Dr. Debra Kaiser, member of the Education Board and volunteers at Carver Middle Schaal, thanked the City Commission, the City Manager, and Janet Meeks, Education Coordinator. Sergeant Scott McGuire, Delray Beach Police Department, presented Officer Jeffrey Miller with the S.P,I.R.I.T. award for the quarter of October 1, 2010- December 31, 21110. Sergeant McGuire stated Officer Mi11er responded to a family in need and the house this family was living in was much like an abandoned home. Sergeant McGuire stated Officer Miller made sure this family had everything fram beds to food and went above and beyond during the holidays making sure this family had Thanksgiving dinner and presents far the children at Christmas. '7.D. ~,"You are Not Alone" -Delores Rangel Mayor McDuffie recognized and commended Delores Rangel, Administrative Assistant, for working with the City Commission and for the many years she has been involved in the "You are Not Alone Program" and "Forgotten Soldiers". Delores Rangel, Administrative Assistant, stated this year marked their 5~' Annual Project Holiday and rated by the third week the donations were coming in and the drop-off locations were calling far someone to pickup and they were doing merchandise inventory about every night. Mrs. Rangel stated an Sunday, November 21, 2010, she and aver 101 volunteers packed approximately 352 boxes from 8:30 a.m. until 4:30 p.m. She stated they received $4,200.00 in monetary donations, approximately $42,000.00 in merchandise, and the postage cost was $2,908.00. Ms. Rangel stated this was an amazing year and noted a private country club in Delray Beach was too late to 4 01J18111 give to Project Holiday; however, in three days they raised $1,000,00 in their corrimunity and asked if they could donate to a military family. Mrs. Rangel stated two military families were able to benefit from the donation and residents of the country club prepared a holiday meal for the military families as well. In addition, Mrs. Rangel stated every year a lady donates baby dolls with strollers and makes the clothes for these dolls and these dolls go to a little girl whose parent is overseas for the holidays. I~lrs. Rangel thanked Creig, Dave, and Thomas for being her facilitators for "You are I~lot Alone" and without them Project Holiday would not be what it is. In addition, I~lrs. Rangel stated she spent over 125 hours on Project Holiday and thanked her husband, the Castro Family, and a marine mom of twins. Ivirs. Rangel thanked the City Commission for embracing Project Holiday and for the participation in the packing day event, the City Manager, the City Manager's office for giving her support, and Marla and Harry Birman from Boca Raton. At this point, Mayor McDuffie presented awards to Franklin Castro, Joyce Kaufman, and Marla and Harry Birman for their assistance with Project Holiday. Mayor McDuffie stated Delores daughter Melissa has been on five (5~ tours to the Persian Gulf and Hated he had the privilege of being aboard the USS Enterprise in` 2006 coming back from the Persian Gulf and it is like Christmas every day when the boxes show up. Mayor McDuffie thanked Mrs. Rangel far the countless hours and sacrifices she has made to make Project Holiday a success. 7.E. Reco~nizin~ and Commending Beverly Wright, Cerina Anderson and Patricia Flowers for their contributions to the Annual Youth Summit and the planning, or~anizin~ and implementation of the Brandon Flowers Football Camp Mayor McDuffie recognized and comiriended Beverly Wright, Cerina Anderson, and Patricia Flowers for their contributions to the Annual Youth Summit held on July 9, 2010. In addition, on July 10, 2010, Beverly Wright, Cerina Anderson, and Patricia Flowers assisted with the planning, organizing and implementation of the Brandon Flowers Football Camp. Each of these events began several years ago as small projects, but grew over time into major events that encompassed children from the tri- county area (Broward, Palm Beach and the Treasure Coast area}. Mayor McDuffie stated this was an amazing event and the entire Seacrest Soccer Complex was filled from one end to the oilier with football players. Thomas Mitchell, Delray Beach Police Department, thanked the City Commission for recognizing these three employees. IV1r. Mitchell stated the Annual Youth Summit was started approximately eight years ago and only a few kids attended. Mr. Mitchell stated this year over 1,200 children ages 5 to 18 attended. 8. CONSENT AGENDA: City Manager Recaxnmends Approval. O1J18111 S.A. REQUEST FOR SIDEWALK DEFERRAL/1.1.49 BEACH DRIVE; Approve a request to defer the installation of a sidewalk along Beach Drive for property located at 1109 Beach Drive, B.B. AMENDl~~NT NO. 2 TO TINE CONTRACT WITH DEPARTMENT OF Elwl'4jIRO1~l14fIENTAL PROTECTION (DEP}: Approve Amendment No. 2 to the Department of Environmental Protection {DEP} Contract No. 08P82 between the City and DEP for the state's cost sharing for the Beach Renourishment Project. B.C. CONTRACT CLOSEOUT (C~L~.NGE ORDER NO. 1lFINAL}l BRANG CONSTRUCTIONt INC.: Approve a Contract Closeout {C.Q. No. 1/Final} in the amount of a $4,454.09 decrease and final payment in the amount of $3,775.30 to Brang Construction, lnc., for completion of the Fire Rescue Main Bay Phase 2 Project. Funding is available from 501-3312-591-62.10 {Garage Fund: Capital C7utlay- Building/Building}. B.D. EXTENSION TO THE PARIiINt PAF:KING SERVICES; Approve an extension to the agreement with Accurate Parking Services to allow staff time to process RFP 2011-07, S.E. THIS ITEM HAS BEEN MOVED TO TI~[E REGULAR AGENDA AS ITEM 9,A,A.A. S.F. LANDSCAPE MAINTENANCE AGREEMENT/SABINE REIS: Approve a landscape maintenance agreement with Sabine Reis, owner of 511 South Ocean Boulevard providing the right to install and maintain approved landscape materials in the right-af--way. S.G. INTERLOCAL AGREEI~IENT/SOUTH PALM BEACH COUNTY PUBLIC SA~l{ ETY COMMUNICATIONS COOPERATIVE: Approve an updated lnterlocal Agreement between the City, Palm Beach County, Boca Raton and Boynton Beach for the operation of radio communications systems to incorporate increased maintenance and administrative casts and extend the agreement for five years with the option to renew for an additional three years. B.H. THIS ITEM WAS MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. S_I. CHAIV~BER OF COM1Vl[ERCE GRANT REQUEST: Approve a request from the Chamber of Commerce to receive a grant in the amount of $30,000.00 for marketing the City to attract businesses, S.J. A~}UISITION AGREEMENT/I'UBLIC SAFETY CORPORATION/ CRY'WOLF ALARM SOFTWARE: Approve an acquisition agreement with Public Safety Corporation {PSG} for their Cr,,Twalf alarm software contingent upon approval of the final agreement by the City Attorney, Funding 6 01/18/11 is available from 334-2111-521-65,10 (General Construction Fund: Books/PublicationslSaftware}. 8.K. SPECIAL EVENT REQITEST113th A-I+TNUAL CINCO DE MAYO FIESTA: Approve a special event request to a11aw the 13th Annual Cinca De Mayo Fiesta to be held Saturday, May 7, 2011, from 11;00 a,m. - 11:00 p.m., at Old School Square, to grant a temporary use permit per LDR Section 2.4,5{F} for use of the Old Schoal Square Park; to authorize staff support far traffic control and security, trash removal, EMS assistance, signage preparation and installation, and to approve use of the Old Schoal Square parking garage, City generator, the small stage and three (3) sets of bleachers, contingent an the receipt of a bald harmless agreement and receipt of a certificate of liability insurance and liquor liability insurance ten (10) days prior to the event. $.L. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period January 3, 2011 through January 14, 2011. 8.M. AWA,RD OF BIDS AND CONTRACTS. L Bid award to CJ Contracting, LLC. in the amount of $72,350,75 for one {1} NSP Housing Rehabilitation pro}ect through the Community Development Division for 210 N.E, 5~' Court. Funding is available from 118-1935-554-52.12 {Neighborhood Services: Capital Outlay/Acquisition Rehabilitatian}. 2. Contract award far three {3) Housing Rehabilitatian Grants through the Community Development Division to the lowest responsive bidders for the following projects: 42 S.~V, 13th Avenue to Cordoba Construction Company In amount of $35,132.00, 224 S.W, 9th Circle to Citr~wide Construction Services, Inc. in the amount of $15,018.35 and 915 S.Vi~. 4th Street to Jemstone Construction Group, Inc. in the amount of $22,019.45. Funding is available from 118-1953-554-49.19 (Neighborhood Services: Other Current ChargestHousing Rehabilitatian}. 3. Lease award to Mears Motor Leasing far 35 months in the total amount of $113,087.52 for the lease of fourteen (14) vehicles for the Police Department's Volunteer Pragrarn. Funding is available from 001-2111-521-44.40 {General Fund: Rentals & Leases/Vehicles Rental/Lease). 4. Purchase award to NDI Recognition Systems in the amount of $27,900.00 for two Automated License Plate Recognition Systems {ALPRs). Funding is available from 115-2112-521-54.90 (Special Projects Fund: MachinerylEquipmentlOther MachinerylEquipment}. 7 Oll1$/11 5. Purchase award to Southern Sewer in the amount of $201,509.00 for the purchase of a 2011 Vac-Con Sewer Cleaning Body. Funding is available from 501-3312-591-64.25 (Garage Fund: MachinerylEquipmentr'Heavy Equipment}. 6. Purchase award to Reichten International Trucks, Inc. in the amount of $100,1'77.00 far the purchase of cab and chassis for Vac-Con Sewer Cleaner. Funding is available from 501-3312-591- 64.25 (Garage Fund: MachinerylEquipmentl Heavy Equipment}. Mr. Frankel moved to approve the Consent Agenda as amended, seconded by Mrs. Gray. -Upon roll call the Commission voted as follows: Mayor McDuffie -- Yes; Mr. Eliapaulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -- Yes; Mxs. Gray -Yes. Said motion passed with a S to 0 vote. 9. REGULAR AGENI}A: 9,A.A. RESOLUTION NQ. OS-11.; Approve Resolution Na. OS-11 to clarify that the board's duties shall fall under the direction of the City Manager or City Commission and restrict employee membership of the board. The caption of Resolution No. OS-11 is as follows: office.} A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AlV1ENDING RESOLUTIONS SS-09 AND 58-09, WHICH ESTABLISHED AND CLA.It.IFIED THE RESPONSIBILITIES OF 'I'HE FINANCIAL REVIEW BO.Ad2.D AND ITS 1~IEMBER REQUIREMENTS, T4 CLARIFY THAT THE BOARD'S DUTIES SI-[ALL FALL UNDER THE DIRECTION OF THE CITY MANAGER OR CITY CO1~B/IISSION AND TO F.ESTRICT THE MEMBERSHIP OF THE BOARD; PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. OS-11 is on file in the City Clerk's The City Attorney stated Resolution No. OS-11 modifies the responsibilities and member requirements of the Financial Review Board {FRB} and this also came before the Commission at their Workshop Meeting last week. At that time, the changes that staff recommended be made are as follows: (1} the duties of the Financial Review Board shall be carried out under the direction of the City Manager (or designee} andlor the City Commission; {2} no City employee shall be eligible to serve on the Financial Review Board; {3} na officer or director of any organization which is receiving, has received or has requested financial assist~~nce ar in-kind assistance from the City 8 01/18111 within the past 3 years, shall be eligible to serve on the Financial Review Board. Mayor McDuffie stated it was brought to his attention that there are some unintended consequences of this resolution. Mr. Fetzer stated he previously brought up that he felt it was a conflict of interest to have City employees sitting on this board. He stated his intention was to have something drafted to address that and this resolution is a little more onerous. Mr. Fetzer stated as pointed out in the email he received today this has some consequences with 3-4 other members of the board. For example, Howard Ellingsworth serves on the Historical Society Board and this would make him ineligible for the Financial Review Board. Mr. Fetzer stated Mr. Fetzer expressed concern that we have gone too far with this and asked the Commission to reconsider this and get advice from the City Attorney. Mr. Fetzer asked if we have this restriction on other boards. The City Attorney stated most of the other boards the City has is governed by the Land Development Regulations. The City Attorney stated the City also does not have a restriction as far as the officer/director which is the key restriction that is creating part of the conflict. The City Attorney stated the City does not have that restriction on other boards. Mr. Fetzer urged the Commission to table this resolution and stated his intention would be to not have City employees sitting on this board but at the same time to not make this a much more restrictive board than we have now. Mr. Fetzer stated the FRB does not make policy because it is an advisory board and he feels we have gone too far with this. Mr. Eliopoulos stated this board was actually communicating with City staff without the Commission's knowledge and the Commission needs to relook at why we have this board. Mr. Eliopoulos stated he does not believe that City employees should be on any City Boards because it presents conflicts. He stated the Commission needs to be' kept abreast of how this board is looking at things and concurs with Commissioner Fetzer that this resolution will eliminate people that are quite qualified (i.e. Howard. Ellingsworth who would no longer be able to serve on the board). Mr. Eliopoulos stated he supports holding off on this and working with the City Attorney and/or staff to figure out how this can be worked out. Mrs.' Gray stated she supports tabling this resolution and having more discussion about it. However, Mrs. Gray expressed over the conflict of interest here and stated maybe there are guidelines to place in the resolution but she does not want to run away board members. Mr. Frankel stated the Budget Task Force who provided a book with great ideas and there were never any problems. He stated then this Task Force was changed to the Financial Review Board (FRB) and he wants to get back to that great group that provided so many great ideas although the Commission could not implement all of them. Mr. Frankel' stated it appears the issues occurred once the FRB was created and he supports tabling this resolution. 9 01/18/11 Mayor McDuffie stated one of the things the Commission saw as evidence of and the symptoms of one of things was that they were not as tightly controlled and managed by a Department Head, City Manager, or an Assistant City Manager. Mayor McDuffie stated they had carte blanche; some of the members read one way and some of the members read another way. Mayor McDuffie supports tabling this resolution and stated the Code of Ethics coming up out of Palm Beach County is going to set very stringent rules for anyone who is an Advisory Board member in any local government in Palm Beach County. Mayor McDuffie stated he sits on the Committee at the Palm Beach County League of Cities for the lobbyist registration in working with the Ethics Commission and suggested that the Commission speak to them before all of this becomes law and let them know that it is going to be very hard to attract board members with the restrictions that the Commission started to place here and some of the restrictions that they have in place in that ordinance right now. Mayor McDuffie stated the Commission may not prevent someone because of the fact that they are with anon-profit organization that has actually received money from the city, although he believes that ordinance prevents that as well, but once this becomes law all of the advisory boards in the City of Delray Beach will be under the same reporting requirements that all the elected officials are under. Therefore, Mayor McDuffie stated they are going to have to file financial disclosures and gift reports in a non-paid volunteer position for an advisory board. Mayor McDuffie stated we need to get the word out that they are going to make it harder for the City to fill the seats on the advisory boards. Mr. Eliopoulos suggested that the City Clerk's office communicate to the applicants prior to them applying for a board that they have to fill out a Statement of Financial Interest Disclosure Form (Form 1). Mr. Eliopoulos stated he does not believe applicants are going to be aware of this and if someone gets appointed to the FRB they are not going to realize that if they work for anon-profit and if they have approached the City in the last three years for a grant that they are not going to be eligible. Mr. Eliopoulos stated as the City is searching for applicants that we let them know what is expected of them because he feels it is part of staffs job to communicate this to the applicants. Mr. Fetzer moved to table Item 9.A.A. (formerly Item 8.H.), seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos - Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes. Said motion passed with a 5 to 0 vote. 9.A.A.A. ACCEPTANCE OF DONATION/SHELLY WEIL: Authorize acceptance of a donated Boy Scout sculpture from Shelly Weil. Mr. Eliopoulos asked if there is a policy in place for people that want to give the City artwork or sculptures and inquired as to why this would be placed at Old School Square Park and not the Machek Boy Scout Park. Mr. Frankel stated he was at the Public Art Advisory Board meeting months ago and Mr. Weil expressed concern that they did not get the amount of traffic at the Boy Scout Park as they would at the Old School Square Park. Mr. Frankel stated it is 10 01/18/11 a really beautiful piece and Mr. Weil wants mare people to enjoy it. Mr. Fetzer concurred with comments expressed by Commissioner Eliopoulas that the City needs to develop guidelines so that they can develop same guidelines so that the Commission can make decisions an things like this. Mrs. Gray concurs that staff should develop guidelines and asked if the Commission should accept this and then put a policy in place or table this item and then put the policies in place. The City Attorney stated the Commission is accepting it and at this time have given the direction to staff that we need to look at sa that way if this does carne up again that staff can develop guidelines so that everyone is better prepared when something like this comes up. Mr. Haska stated staff may be able to get same assistance from the County Coordinator that the City is using for the Public Art Advisory Board. Mrs. Gray asked who decides where the artwork should be placed. The City Attorney stated if approved tonight it would be the City Commission deciding an where this piece will go. The City Manager stated there has been lengthy discussion about various locations for this piece and it was recommended by the Public Art Advisory $aard that Old School Square Park would be an appropriate location for this particular piece. Mr. Frankel stated he was at that meeting and noted there was lengthy discussion about the piece and after much debate the $aard decided on Old Schaal Square Park and believes Joe Gillie was okay with this as we11. Mayor McDuffie stated he would like to have a policy in place; however, he does not want to penalize Shelly Weil. 11r1r. Frankel moved to Item 9.A.A.A. {formerly Item 8.E.), seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopaulos -Yes. Said motion passed with a to d vote. At this point, the time being 7;(l6 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 14. PUBLIC HEARINGS: 10.A. (3RDINANCE NO. 02-11: City initiated amendment to the Land Development Regulations (LDR) Section 4.5.3, "Flood Damage Control Districts", to add new regulations to conform to changes in State laws. The caption of Ordinance No, {}2-l 1 is as follows: 11 41118111 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, A1~rIENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.5,3, "FLOOD DAMAGE CONTROL DISTRICTS", TO BRING THE SECTION INTO COMPLIANCE WITH STATE STATUTES; PROVIDING A SAVING CLAUSE, A GE1~~lERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE, office.} {The official copy of Ordinance No. 02-11 is on file in the City Clerk's The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Flarida. Paul Dorling, AICP, Director of Planning and Zoning, stated this is far a city-initiated amendment to the Land Development Regulations (LDRs} Section 4.5.3, "Flood Damage Control Districts", to add new regulations to conform to changes in State laws. Mr. Darling stated there are recent changes made to the Florida Building Code anal this needs to be reflected in the local goverrnnent codes. At its meeting of December 20, 2010, the Planning and Zoning Board recommended approval with a 6 to 0 vote. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 02-11, the public hearing was closed. Mr. Frankel moved to adopt Ordinance No. 02-11 on Second and FINAL Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frar~.kel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliapoulas -Yes; Mr. Fetzer -- Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:12 p.rn., the Commission moved to Item 11.B., Comments and Inquiries on Non-Agenda Items from the City Manager and the Public. l 1,B. From the Public. 1.1.B.1. Mario Danielle, 2740 Monroe Avenue, Rochester, New York (owner of the ~roAerty on 12 S.E, Isc Avenue known as the Royal Atlantic}, stated far the past three years he and others have had many problems within the accessibility of their building, the collection of the refuge, and problems with blocking the driveway from traffic along with having a severe problem with the traffic. Mr. Danielle stated some of his tenants are unable to get in and out and some of the drivers of the valet parking have 12 01/18111 hit dogs while driving the wrong way. He stated he made numerous attempts with the Police Department and City Hall to get this issue resolved and got nowhere. Therefore, Mr. Danielle stated he wrote a letter to the Police Department and was very serious about turning this into a legal matter but he felt he owned the City Commission the privilege of making his complaints public record. Mr. Danielle stated approximately five days ago he received a telephone call from the Police Department stating that the City of Delray Beach has decided to change the traffic pattern. He stated at one time the traffic flowed both east and west. Mr. Danielle stated because they had several problems they decided the best way to do it was to have the traffic traveling east while everybody is driving west (the valet parking}. Mr. Danielle stated his project is in jeopardy and he has lost several tenants because of it. 1.1.B.2. Alice Frost, 70'7 Place Tavant, Delray Beach, FL 33445, expressed concern over people opening a business without the proper permits, licenses, reviews, and proceeding to operate in spite of missing licenses, permits, CO's and approval. Mrs. Frost suggested the following to track business activities which will mean revenue for the City: {1} when a business needs to tt~rsl on water that they be required to present a business tax receipt, {2} that a business be required to present a certification of zoning, and {3) that a business be given an annual window sticker to indicate that annual fees have been paid. Mrs. Frost stated when a business comes to make their first contact with the City that they view a "Heads Up" or "Know Your City" video on how the City operates and it could also be used for residential people. She suggested that they be asked as part `of the permit process to sign that they have seen the "Heads Up" or "Know Your City" video. Mrs. Frost stated this would help alleviate some of the problems that have been seen here recently. At this point, the time being 7:19 p.m., the Commission moved to Item 11.A. 11.A, City Manager's response to prior public comments and inquiries. inquiries. The City Manager had no response to prior public comments and 9.A.A.A.A, REQUEST FROM THE CREATIVE CI'I'V C{~LLAB(}RATIVE f CCC) T4 WAI'VC C4STS~ Consider a request from the Creative City Collaborative to authorize the quarterly voluntary solicitation of donations for cultural programs and to waive payment to the City of the printing and mailing costs estimated to be $4,170.00 for three {3} quarters. Robert A. Barcinski, Assistant City Manager, stated this item is a request from the Creative City Collaborative (CCC) to begin the quarterly voluntary solicitation of donations for cultural programs and to waive the payment to the City of the printing and mailing costs which is approximately $4,170.00 for three (3) quarters this fiscal year {$1,395.00 for printing of 26,000 and putting them in with the water bill}. 13 01118111 Mr. Eliopoulas asked what the amount was with regards to the cost and the actual monies that carne in. Mr. Barcinski stated the City absorbed those costs and let the CCC keep the income and the total collected was $2,011.00. Mr. Eliopoulas asked what it cast the City and Mr. Barcinski stated it cost the City approximately $1,390.00. Grey Weiss, Board Member of the Creative City Collaborative C{ CCl, stated he is here to answer any questions on behalf of Tom Carney who could not be present this evening. Mrs. Gray expressed concern aver other non-profits and asked how we would address them if they came forth and want to advertise the same way. Mr. Barcinski stated the original intent of this was that the CCC would collect this money and then offer grant programs to those other non-profits. Mr. Weiss stated the CCC is utilizing this for similar type programs for example with regard to Spady and Black History Month. Mrs. Gray expressed concern about how this would be handled if someone else requests the same privilege and setting a precedent, The City Attorney stated the Commission would not be legally bound but they would have to respond to that question, Mrs. Gray asked to see the CCC's budget before the Commission makes a decision on this. Alyona Ushe, Executive Director of the Creative City Collaborative, ~C~ stated the CCC has a budget from the Community Redevelopment Agency (CRA) and the majority afthe funding is designed to go to the warehouse which is still in the planning stages. Ms. Ushe stated they have a smaller budget far the Arts Garage as well but in terms of operational programming those are the funds they have to raise on their own. Mr. Eliopoulos stated he has been a big supporter of this organization and there has been some criticism over the years of if you had an organization like this how you actually go ahead and pick and chose the non-profits and how you help them. Mr. Eliopoulos concurs with comments expressed by Commissioner Gray about this setting a precedent, Mr. Eliapoulos stated he would like to see a better policy in place tr-at the Commission feels comfortable with. Mr. Fetzer stated the City makes contributions to other non-profits in the City and they prioritize those. He stated this is a new organization that the City is going to have to help~a little bit to get started. Mr, Fetzer stated another unique characteristic is that the City is soliciting voluntary contributions from residents to help fund this. Mr. Fetzer stated although he does not want to see this as a permanent thing, he supports doing this for the next three quarters, Mr. Frankel asked if the $4,170.00 will be reimbursed to the City at some paint. Mr. Weiss stated this did go to help solicit co-ap programs and donors and was a collaboration of a privatelpublic partnership. Mr. Weiss stated since he joined the CCC recently and the Board of Directors has also been solicited to donate private money as 14 01/1$111 well. Mr. Frankel stated staff's recommendation is that the CCC should reimburse the City for our costs and if that is not the case, then he concurs with comments expressed by Commissioner Eliapoulos and Commissioner Gray that if down the road after the three quarters the $4,174.44 would be reimbursed, then he could support it. Mayor McDuffie stated staff does not have a problem with resuming this solicitation on a quarterly basis, but he feels that the Creative City Collaborative, which is an independent non-profit, should reimburse the City far our costs from funds they might receive. Aram. Cesar, Chairman of Marketing for the City Creative Collaborative (CCC), stated the CCC would like to add that this will also benefit the City indirectly because the promotion of various events will attract media attention and people to the City. 3'he CCC is also looking at private donations from other organizations. Mrs. Gray stated the Commission has no doubt that it would be bringing more people; however, she feels the City should be reimbursed because we are advancing the dollars and helping in many ways. Mrs. Gray stated her recommendation is treat if the City does move forward that the CCC reimburse the City not if they make a profit. Mr. Eliapoulos stated there are plenty of non-profits and all of them have good causes and they all bring the community together on some format or another. He stated there needs to be something in place. Ms. Ushe stated the CCC was created by the City Commission to advance the arts in Delray Beach and she feels in that case they are different from other art organization. In addition, Ms. Ushe stated since they are trying to launch this fairly quickly with various initiatives that invite and engage other non-profit organizations, she feels this should be an exception to the rule. Mayor McDuffie stated he is a huge supporter of the arts and most everything that the non-profits do; however, he stated the City's budget is $1 million and he is trying to find a way to balance the budget. Mayor McDuffie stated small amounts like this ($4,174.40) add up and become large numbers. Mayor McDuffie stated this is an unprecedented time and concuxs with his fellow Conunissioners. He stated the non- profits are parading through the City's doors and for many of the others over the last several years the City has increased the amount that they have to pay for their events to try and recover the money that the City was losing. Mayor McDuffie stated he would like to see a policy written and does not support the request from the CCC at this time. Mr. Fetzer moved to authorize the quarterly voluntary solicitation of donations on` the water bills, seconded by Mr. Frankel. Upon roll ca11 the Commission voted as follows: NIZS. Gray - No; Mayor McDuffie -- Yes; Mr, Eliopoulos -- No; Mr. Fetzer -Yes; Mr. Frankel -Yes, Said motion passed with a 3 to ~ vote, Commissioner Gray and Commissioner Eliopoulos dissenting. 15 41118111 Mr. Frankel moved to waive payment {4,170.00} of the cast of the solicitation, seconded by Mr, Eliopoulos. Upon roll call the Commission voted as follows: Mayor McDuffie - No; Mr. Eliopoulos - No; Mr. Fetzer -Yes; Mr. Frankel - No; Mrs. Gray - No. Said motion to waive payment was DENIED with a 4 to 1 vote, Canunissioner Fetzer dissenting. 9.A. WAIVER F~EQUEST/BAI~DERA HOLDIISGS OFFICE; Consider approval of a waiver request to Land Development Regulations {LDR) Section 4.3.4 {H}{6}{b}{2), "Special Landscape Setbacks", which requires a special landscape setback of 10' along Federal Highway for Bandera Holdings Office, located at the southwest corner of North Federal Highway and N.E. 22nd Lane. (Quasi-Judicial Hearr'n,~} Mr. Eliopoulos declared a conflict of interest and stepped down from the dais. Mayor McDuffie read the City of Delray Beach procedures for aQuasi- Judicial Hearing into the record for this item and all subsequent Quasi-Judicial items. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor McDuffie asked the Commission to disclose their ex pane communications. The Commission had no ex pane communications to disclose, Paul Darling, AICP, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2011-401 into the record. Mr. Dorling stated this is a request for a waiver associated with a Class V site plan for Bandera Holdings Office project located tin North Federal Highway. The development is an office building that has gone through the Site Plan process and as part of that has requested relief from LDR Section 4.3.4{H){d){b){2) which requires a special landscape setback of 10 feet along Federal Highway. The relief is a small area at the corner of this building; this corner is hardscaped within that landscaped area and by Code it is required to be landscaped and not hardscaped. Mr. Dorling stated staff believes that this is a minor modification and therefore is supportable. He stated positive findings are made to LDR Section 2.4.7{B}(5) and staff recommends approval. Rustem Kuiai, Kupi Eliopoulos Architects, P.A., 205 George Bush Boulevard, Delray Beach, FL 33444 (Project Architect), stated that is a handicapped accessible egress and basically the sidewalk is sticking out into that landscape area. Mr. Kupi stated the sidewalk is lower than the main building and noted that those sidewalks and ramps have to be in that area to be able to gain access to the site. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the waiver request, to please come forward at this time. There being no one from the public who wished to address the Commission, the public hearing lb 01118111 was closed. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Frankel moved to adopt the Board Order as presented, seconded by Mrs. Gray. ~.Tpon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes. Said motion passed with a 4 to 0 vote. At this point, Commissioner Eliopoulos returned to the dais. 9.B. WAI'4~ER RECIUEST1414 NORTI-1 ANDREWS AVEl~I~[TE: Consider approval of a waiver request to Land Development Regulations (LDR} Section 7.9.5, "Standards for Approval", that restricts docks to be no closer than ten (10) feet from the property line, or adjacent property or the distance established for the side yard setback, whichever is greater for the property located at 414 North Andrews Avenue. (Quasi- ,Tudicial Hearing) Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor McDuffie asked the Commission to disclose their ex pane communications. Mr. Frankel stated he had a telephone conversation with the attorney for applicant. Mrs. Gray stated she also had a telephone conversation with the attorney for the applicant. Mayor McDuffie, Mr, Eliopoulos, and Mr. Fetzer had no ex parte corrimunications to disclose. George Diaz, Chief Building Official for the City of Delray Beach, stated this item is for consideration of approval for modification to the Standards for Approval of the Land Development Regulations pursuant to Section 7.9.4 and 7.9.5 governing the standards of approval for Docks. ` Pamela Kane, Sachs Sax Caplan Attorneys at Law, 61.1.1 Broken Sound Parkway 1~TW Ste. #200, Boca Raton, FL 334$7, represents the applicant, distributed a copy of the survey and stated this is a pie shaped lot with the large end of the pie at the street and the very small end of the pie at the canal behind the house. The small property line along the canal is 35 feet and presently the dock runs along there except for 6 l~ feet on the north side and 1 'lz feet on the south side. Ms. Kane stated the condition of the sea wall is so bad that the property is falling in and the structure needs some reinforcement. Therefore, the owner is having the seawall redone along with the dock. Ms. Kane stated the owner's request is to replace the dock in the exact same position that it is. The LDRs has changed since the time the dock was installed and there is now a 10 foot setback requirement and replacing it at the same place that it is naw would not meet that and that is why the owner is requesting a modification of this setback 17 O1/18111 requirement. Ms. Kane stated the two criteria is whether or not it affects the public health and safety which the Chief Building Official has stated it does not and the other criteria is that it creates a hardship. Ms. Kane stated in this instance if the owner were to abide by the setback requirements her dock would shrink by over 50% of the current dock that it is now. Ms. Kane stated she did a survey of all the properties along the water in Delray Beach between the golf course and Atlantic Avenue on the Intracoastal side and there are approximately 97 properties and of those there are only six webbed shaped lots that are similar to this and of those six three already have docks and those three have docks that extend almost to the property line. Ms. Kane stated in this instance it would be a hardship on the owner because of the dimensions of her property which is something she did not create. Ms. Kane urged the Commission to approve the waiver request. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the waiver request, to please come forward at this time. There being no one from the public who wished to address the Commission, the public hearing was closed. There was no cross-examination or rebuttal. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mrs. Gray moved to adopt the Board Order as presented, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 9.C. REQUEST FOR SIDEWALK DEFERRAL/DELRAY CHRYSLER JEEP DODGE: Consider a request to defer the installation of a 5- foot sidewalk along the east side of Old Dixie Highway in the rear of 2102 South Federal Highway. Paul Dorling, AICP, Director of Planning and Zoning, stated this item is a request is to allow the deferral of required sidewalk improvements along Old Dixie Highway associated with the construction of a new 17,610 square foot addition for a showroom/write-up area for a site currently known as Delray Lincoln Mercury. At its meeting of November 18, 2010, the Site Plan Review and Appearance Board (SPRAB) approved a site plan for the this new two-story addition which is to be located in this location. Mr. Dorling stated the Board recommended either that the, sidewalk be provided or that the appropriate relief be granted by the City Commission. The Development Services Management Group (DSMG) considered the sidewalk deferral request and recommended that the sidewalk be installed concurrently with the development proposal. Staff looked at sidewalks that have been required up and down this corridor and the applicant will indicate that there is not a continuous sidewalk and therefore this relief should be granted. Mr. Dorling stated staff does not agree with 18 01/18/11 that. Mr. Dorling stated there are several sidewalks which will be installed in the near future and staff would consider this development significant enough that the sidewalk be applied at this paint. Staff recommends that the sidewalk deferral agreement not be supported ar approved by the City Commission and that the sidewalk be installed with this redevelopment. Gre~ory Miklos, 22b3 N.W. Boca Raton Boulevard, Boca Raton, FL {Architect for the proiect), stated FDOT started putting sidewalks adjacent to the roadway and no one knows when Dixie Highway is going to be done and what the actual requirements are by FDOT. Mr. Miklos stated the issue is the location of the sidewalk and they do not want to install a sidewalk in where the sidewalk in the future is nat going to be required to be because he feels this is a waste of money. He stated a good solution is that they contract with the City and when the road is done they will install the sidewalk at their cost. Mr. Eliopoulos disagrees with the applicant and stated commercial properties have an obligation to provide sidewalks. He stated he understands the status of what the applicant talked about with regards to Dixie Highway and FDOT. N1r. Eliopoulos stated the City was just recognized for being apedestrian-friendly city and he believes in sidewalks especially far commercial jobs. The City Manager commented about what FDOT did in Delray Beach on South Federal Highway and what they are doing right now in Boca Raton is they are putting sidewalks at the property lines. He stated he does not see FDOT building a curbed street on Dixie Highway and it could be 10 or 15 years before that is done. The City Manager stated in the meantime a sidewalk is needed. Mayor McDuffie stated he sits on the MPO (Metropolitan Planning Organization} and they just recently finished the 2035 plan and he saw na activity on Dixie Highway through 2035. Mrs. Gray stated she is an advocate for sidewalks acid if we are going to ask other applicants to install sidewalks then this applicant should have to install sidewalks as well. Iv1r. Frankel and Mr. Fetzer concurred with comments expressed by Commissioner Eliopoulos and Commissioner Gray. 1Vlr. Eliopoulos moved to approve the sidewalk deferral request for Delray Chrysler Jeep Dodge, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Gray - No; Mayor McDuffie - No; Mr. Eliopoulos - No; I~ir. Fetzer - No; Mr. Frazzkel ~ No. Said motion was DENIED with a 5 to 0 vote. 9.D. REQUEST FUR SIDEWALK DEFERRALIMELALEUCA ROAD ESTATE: Consider approval of a request to defer installation of a sidewalk adjacent to the right-of--way along Melaleuca Road and Seasage Drive. 19 01118/11 Paul Dorling, AICP, Director of Planning and Zoning, stated this item is a request for a sidewalk deferral for Seasage Drive and Melaleuca Road for property known as Melaleuca Road Estate. Mr. Dorling stated the applicant has requested construction of a new two-story home in this neighborhood and they have asked for a deferral of the required sidewalks along the north and west property lines. Mr. Dorling stated there are no sidewalks throughout this neighborhood and similar deferrals have been approved for other lots that have recently been developed. At its meeting of July 15, 2010, the Development Services Management Group (DSMG) supported both sidewalk deferrals. Mrs. Gray stated although she is an advocate for sidewalks and since there are no sidewalks here, she concurs with staff's recommendation. Mr. Eliopoulos stated this policy is a good one for us to be able to go back and get sidewalks when we can or if we need to in the future. Mr. Frankel moved to approve the request for a sidewalk deferral for Melaleuca Road Estate, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor McDuffie - No; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel - Yes; Mrs. Gray -Yes. Said motion was DENIED with a 4 to 1 vote, Mayor McDuffie dissenting. For the record, Commissioner Eliopoulos stated with regard to sidewalks there is an obligation for commercial properties to have sidewalks and access for handicapped people to every property. 9.E. ACCEPTANCE OF A LIMITED ACCESS EASEMENT AGREEMENT: Consider approval to accept a limited access easement agreement associated with the construction of a new 1,125 sq. ft. one-story addition for 316 Andrews Avenue. Mr. Eliopoulos declared a conflict of interest and stepped down from the dais. Paul Dorling, AICP, Director of Planning and Zoning, stated this item is acceptance of 'a limited access easement agreement associated with the modifications to 316 Andrews Avenue in the North Beach Overlay District located at the southwest corner of Andrews Avenue and Waterway Lane. Mr. Dorling stated the applicant proposes to construct a 1,125 square foot one-story addition to an existing 1,888 square foot one- story •single-family residence. Mr. Dorling stated the front of the house currently faces Andrews Avenue; however, pursuant to the LDRs the frontage is classified for corner lots on the side that has the narrowest dimension on the street. Mr. Dorling stated Waterway Lane requires a 35 foot setback which would not allow the proposed construction as it would encroach within the required setback. The owners are proposing a limited access easement along Waterway Lane which would make the property line along Andrews 20 01/18/11 Avenue their frontage. This would allow the proposed 1,125 square feet one-story addition to extend to the required 1 ~ foot side street setback along Waterway Lane. Staff recommends approval. Mr. Fetzer moved to approve acceptance of a limited access easement agreement, seconded by Mr. Frankel. Upon ro11 call the Commission voted as follows: Mayor McDuffie -Iles, Mr. Fetzer -Yes; Mr, Frankel -Yes; Mrs. Gray -Yes. Said motion passed with a 4 to 0 vote. 9.F. REQUEST FOR SIDEWALK DEFEl~RAL1316 ANDREWS AVENUE: Consider approval of a sidewalk deferral along both Andrews Avenue and Waterway Lane far the property located at 316 Andrews Avenue. Mr. Eliopoulos declared a conflict of interest and stepped down from the dais. Paul Dorling, AICP, Director of Placlzzing and Zoning, stated this item is a request far a sidewalk deferral of a five foot sidewalk adjacent to the rights-of--way along Andrews Avenue and Waterway Lane because there are no sidewalks in the neighborhood. At its meeting of January 13, 2011, the Development Services Management Group {DSMG) supported the sidewalk deferrals. Staff recommends approval. Mr. Frankel moved to approve the request for a sidewalk deferral along Andrews Avenue and Waterway Lane for property located at 316 Andrews Avenue, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; IVfr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes. Said motion passed with a 4 to 0 vote. At this point, Commissioner Eliopoulos returned to the dais. 9.G. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A.A. At this point, the time being 8:12 p.m., the Commission moved to Item 9.H. of the Regular Agenda. 9.H. EXTENSION OF DEADLINE FOR REQUIRED RENTAL AGREEMENTS AND DEPOSITSICA~tNEVALE OF DELRAY BEACH: Consider a request received from Joe LaViola to extend the deadline for required rental agreements with Old School Square and the City and deposits from December 31, 2010 to January 31, 2011 for this event. 2I O1/18111 Robert A. Barcinski, Assistant City Manager, stated this item is a request from 11r1r. toe LaViola, the producer of the event, to extend the deadline for required rental agreements with Old School Square and the City for the park as well as the deposits for the Old School Square rental and the park rental; and, staff required an additional $2,000,00 deposit upfront. Mr. Barcinski stated at its meeting of December 7, 2010, the City Commission originally set the deadline for December 31, 2010. Due to financial reasons, Nlr. LaViola has requested that this date be extended to January 31, 2011. Mr. Barcinski stated by the time staff received this request it was too late to get this on a December agenda. Mr. Fetzer stated he was concerned with the information the City received from the Education Board which has a proven track record in the city and with all due respect to this' applicant, the Commission is excited about what Mr. LaViola is planning to do in the city. However, Mr. Fetzer expressed concern over a potential conflict with these events on that date. Mr. Barcinski stated the City deals with the requests on a first comelfirst serve basis. Mr. Fetzer inquired about the time commitments that were not met in terms of the deposits. Mr, Barcinski stated originally the Commission set the deposit requirements for December 31, 2010. Jae LaViola, Producer, stated he started this project approximately 18 months ago (March 2010) and approached Old School Square about dates and they gave him a date of October 23, 2010. Mr, LaViola stated he solicited companies to get sponsorship and a short while after that he was told that he could not have that weekend but he could have the following weekend which would have been Halloween weekend, Mr. LaViola stated he then had to go back to these companies and tell them the date had been changed.. He stated then there was another conflict with an event at Old School Square and they said he could have November S-7, 2010 and he submitted the application to the City and the same day received a call back telling him he could not have it that date because it is conflicting with the Chris Evert Tennis ~'aurnament, Mr, LaViola stated after a couple of weeks of discussion they talked about the March date. 1Vir. LaViola stated he has put faith a great deal of money out of his packet and many of his sponsors that he had for 2010 have to go back and take it out of their 2011 budget, Mr. Eliopaulos stated some of these things have not been Mr. LaViola's fault; however, expressed concern that Nlr, LaViala is unable to attain the funds by January 31, 2011. Nlr, Eliopoulas stated although Mr. LaViola is asking for the extension to the end of January, he suggested that Mr. LaVioia bring in payments beginning next week so that the Commission knows that this money is starting to come in. Mrs, Gray stated she supports extending the deadline to January 31, 2011. ZUir. Frankel stated he too supports extending the deadline to January 31, 2011 as long as the promises made are lived up to. Mr. LaViola stated he has been a resident of Delray Beach for 18 years and works an the Avenue as a real estate agent. 22 01/18111 Mayor McDuffie asked when the event is being held. Mr. LaViola stated the event wi11 be held March 25-27, 2011. The entertainment scheduled is top notch Italian/Axnerican singers and a couple of bands and he has talked to restaurants about bringing food in rather than regular vendors. He stated this is not going to be a street type festival. Mr. LaViola stated he plans to have a 50 foot replica of the Trevi Fountain in Rome, Italy which an artist in Chicago has built and he believes this will be a great focal point. Mr. LaViola stated they are going to have an ItalianlAmerican Idol contest for kids. In addition, Mr. LaViola stated they will also hold a Silent Auction and give the proceeds to the Forgotten Soldiers Outreach. Mayor McDuffie stated he supports the extension as long as the deposits are in by January 31, 2011. Mrs, Gray moved to approve to extend the deadline far required rental agreements with Old School Square and the City and payment of deposits from December 31, 2010 to January 31, 2011 for this event, seconded by Nlr. Frankel. Upon roll call the Commission voted as follows: Mx. Frankel -Yes; lVlrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer - No. Said motion passed with a 4 to 1 vote, Cornzxiissioner Fetzer dissenting. 9.I. APPOINTIIIENT TO TF[E FINANCIAL F~EVIEW BUA,RD: Appoint one (1} alternate member to the Financial Review Board to serve an unexpired term ending July 31, 2011. Based upon the rotation system, the appointment will be made by Commissioner Frankel (Seat #3}. Mr. Frankel moved to appoint Martin Cherry as an alternate member to the Financial Review Board to serve an unexpired term ending July 31, 2011, seconded by Mrs, Gray. Upon ro11 call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; R!lr. Eliopoulos -Yes; Mr. Fetzer -~ Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 8:22 p.m., the Commission moved to Item 12, First Readings, 12. FIRST ~~EADINGS: 12.A. {JRDINANCE NO, O1-11: Modification to the Gulfstream Building SAD (Special Activities District} Ordinance 39-90, to reclassify the uses listed within the ordinance from conditional uses to principal (permitted uses) and to expand the list of uses to add "one residential condominium on the 5th floor with a maximum of 4,925 sq. ft. and a maximum of four bedrooms. The Gulfstrearn Building n/k/a I-IHH Bush Building is located on the north side of George Bush Boulevard east of the Intracoastal Waterway at 1177 George Bush Boulevard. If passed, a public hearing will be held on February 1, 2011. The caption of Ordinance No. 01-11 is as follows: 23 01118! 11 AN ORDINANCE OF THE CITY COl~iMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 39-90, THE GULF STREAM BUILDING, BY REPEALING SECTION 1 AND ENACTING A NEW SECTION 1 CHANGING THE ALLOWABLE USES FROM CONDITIONAL USES TO PERMITTED USES .AND ADDING A NEW USE OF A RESIDENTIAL CONDOMINIUM TO BE LIMITED TO THE FIFTH FLOOR; ASrIENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, SECTION 4.4.25(G), "S.A.D.s," SUBSECTION (6~, TO REFERENCE ORDINANCE O1-11; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. office.) (The official copy of Ordinance Na. 01-1.1 is an file in the City Clerk's The City Attorney read the caption of the ordinance. Paul Dorling, AICP, Director of Planning and Zoning, stated this is a modification to the Gulf Stream Building SAD (Special Activities District) to allow an additional option far one residential condominium unit on the 5`~ floor with a maximum square footage of 4,925 square feet and a maximum of four bedrooms. The current option far commercial and office uses on all five floors will continue. The Gulf Stream Office Building was constructed in 1962 under the R.M-10 (Multiple Family Residential Medium Density 10 unitslacre} Zoning District and the initial SAD (Special Activities District) zoning ordinance was approved by the City Canimissian on September 11, 1984 and that outlined specific uses that were allowed. Mr. Dorling stated it was again modified September 1990. Mr. Darling stated Chase uses that were listed as potential in this building were listed as all conditional uses and very specific in their square footages. The modification will also include changing the listed uses from conditional to permitted uses. At its meeting of December 20, 2010, the Planning and Zoning Board recommended approval with a 6 to 0 vote, Staff recommends approval of the changes. Mr. Eliapaulos moved to approve Ordinance No. 01-11 an FIRST Reading, seconded by Mr. Frankel. Upon roll ca11 the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopaulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes. Said motion passed with a 5 to 0 vote. At this paint, the time being 8:26 p.m., the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items from the City Manager, City Attorney, and the City Commission. 24 01118/11 13. COMMENTS AND INQUIRIES ON Nt~N-AGENDA ITEMS. 13.A. City Manager The City Manager stated this afternoon he sent out an email update an the Deck $4 issue and how that is impacting Marine Way, He stated they are going to make same signage changes and the Police Department has met with the management of Deck $4 about the illegal parking that has been experienced in the area and they are going to do some concentrated enforcement. The City Manager stated if that does nat salve the problem then in two ar three weeks staff will come back and do something different. 1=1e stated this issue was discussed at the Development Services Management Group {DSMG) meeting last Thursday and then the Police Department discussed it today at their operations meeting. Secondly, the City Manager stated he was hoping to be able to announce a Finance Director this evening but the City is still in salary negotiations. Lastly, the City Manager stated he has forwarded the drafts on the ethics ordinance. The City Manager stated two of the drafts are okay; however, from his perspective there are issues with the other three, The City Manager stated the Palm Beach County League of Cities has three representatives on the Drafting Committee and they have approximately 90 days to finish their drafting so by the end of March they have to be ftnished and then it goes to the County Commission for adoption or modification. The City Manager strongly encouraged the City Commission to read through the information and let them know their concerns. 13.8. City Attorney The City Attorney had no comments or inquiries on non-agenda items. 13.C. City Commission 13.C.1. Mr. Fetzer Mr. Fetzer stated he enjoyed the Martin Luthex Ding Day events and the energy around those events with the City is incredible and congratulated everyone who organized Chase events. Secondly, Mr. Fetzer thanked staff for the update on Marine Way and asked the City Manager to keep the City Carrlmissian in the loop regarding Deck $4 to see what is working and what is not to see if there is same sort of a more permanent solution to this. Mr. Fetzer stated at the Martin Luther King, Jr. Breakfast he discussed how AT&T provided a fiat~ding grant to the Spady Museum last year and the employees at AT&T to the Telephone Pioneers of America have wanted to continue that relationship 25 4111$I11 with the Spady Museum and announced that on Saturday, January 22, 2011 at 9:00 a.m. at Spady Museum there will be a dedication and donation and they will plant 11 different types of trees along with four different park benches. Mr. Fetzer stated it is great to see private industries get involved with anon-profit like the Spady Museum. Mr. Fetzer commented about emails regarding the March Election and if we are going to have an uncontested election whether or not the City of .Delray Beach should be spending $40,000.00 on a Charter Amendment. The City Clerk stated she and the City Attorney discussed this issue and the language regarding whether or not the City will have the question regarding the terms on the ballot and that is due February 4, 2011 to the Supervisor of Elections Office. The City Clerk stated if the City decides at the end of qualifying {February 8, 2011 at 12:00 noon} and if all of the seats remain unopposed and there is no election, staff can let them know on February 8th for sure that we will not have an election. However, the City Clerk stated the Supervisor of Elections Office informed her that there may be a minimal charge and they are not sure what that cost would be because once we let them know on February 4th the language to go on the ballot in most cases they go ahead and prepare that portion of the ballot because 37 cities are having an election that day. The City Clerk stated depending on whether or not other cities will have questions on the ballot they try to go ahead and get that part of the layout done. The City Clerk stated there could be a minimal cost although we do not know what that will be at this time and she did alert the Supervisor of Elections Office that the City may not have that question in the event that we will not have an election. Mr. Fetzer stated he is apposed to having an election if that is the only item on the ballot. Mrs. Gray stated she disagrees and it will still save our City dollars if we do not have an election every year, Mrs. Gray stated other cities around us have moved to three year/two year terms. Mr. Frankel stated he feels this is appropriate to place on the February 1, 2011 regular meeting to discuss further. It was the consensus of the Comzrussion to place this on the February 1, 2011 agenda for discussion. The City Attorney suggested the resolution state if there is no contested election for a Commission seat on March 8, 201 1, then the City of Delray Beach will pull back its ballot language and that we do not place that on the March 8, 2011 Election Ballot. The City Attorney stated there is another item that will have to be addressed shortly thereafter which is the ordinance that we have in place that says here is the language that we have and his suggestion at that time may be to repeal that or look at moving it to another date. Mr. Fetzer stated he is favor of making preparations of withdrawing it because he does not think it is practical to have an election far that one ballot question when only a handful of people turn out to vote. Mayor McDuffie stated he supports the resolution. Mrs. Gray stated she does not feel that we need to penalize saving dollars in the long run because only a few people show up to vote. Mr. Frankel stated if it fails, there is no cost savings; there is a potential cost savings. Mrs. Gray stated another reason she wanted this to move forward regarding the terms is because if a Commissioner comes in and serves for a year then you have to campaign the rest of the time to run again. Mr. Eliopoulos concurs with the logic of Commissioner Gray's 26 01/18/11 comments. After brief discussion, it was the consensus of the Commission to prepare a draft resolution. 13,0.2. Mr. Eliapaulos Mr. Eliopoulos asked the City Manager to follow up with the email from Marcy Weiss regarding the water bill. The City Attorney stated the issue is that the City has utilities by revenue bonds and we have to be very careful with what we da because we are pledging the revenue bond saying that we are going to get these revenues in. The City Manager stated he believes Ms. Weiss is trying to sell the building and it has been vacant since 20x8 and he responded to her and Commissioner Eliopoulos and let her know that staff is trying to get in touch with the City's Band Counsel. The City Manager stated in reviewing the Cade, the City can discontinue temporarily garbage service but water and sewer continue which the owner pays. The City Manager stated the question now is even if the City wanted to, could we discontinue it. Secondly, Mr. Eliopoulas commented about the pension negotiations and suggested that the City Commission hold another SHADE meeting to discuss this. The City Manager stated the City received a constructive proposal from the Fire-Rescue Department and the City has now given them a counter proposal. 13.0.3. Mrs. Gray l~lrs. Gray stated the Martin Luther King, Jr. Day programs were wonderful all weekend. Secondly, Mrs, Gray thanked the Community Redevelopment Agency (CRA) and Lida Butler far making sure that the park on the earner of Martin Luther King Boulevard and N.W. 5~' Avenue was completed and stated this is a beautiful place. Mrs. Gray asked if the chicken ordinance can be placed on a Workshop Meeting. The City Manager stated this is going through the process and it is an LDR amendment and is going to the Planning and Zoning Deparl:ment and will be forthcoming to the City Commission in due course. Mrs. Gray stated the reason she is asking for the Workshop Meeting is because they seem to be clumping the Community Gardens and the Chicken ordinance together when in actuality they are two separate issues. Lastly, lvlrs. Gray commented about a letter from Mr. Reginald Cox about a disparity study. She stated they are asking the CRA to actually do the study itself now. Mrs. Gray asked if the CRA or the City should be doing this, The City Manager stated the CRA would be doing it for their own bids for themselves not far the City. 13.0.4. Mr. Frankel Mr. Frankel stated he sent an email out over the weekend about an article in the New York Times calling Delray Beach the "Hat Up and Coming Town in Florida". 27 Q1/18111 In addition, Mr. Frankel stated News Channel S and Fox News did a television piece on top of it so it was good promotion. 13.0.5. Manor McDuffie Mayor McDuffie stated the Martin Luther King, Jr. Day events were great. He stated a very strong message was given at Christ Missionary Baptist Church (Bump Mitchell's church) and the MLK Breakfast was great. There being no fiirther business, Mayor McDuffie declared the meeting adjourned at 8;49 p.m. City Clerk The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on January 18, 2011, which Minutes were formally approved and adopted by the City Commission on February 1, 2011. City Clerk NQTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. 28 01/18111 .~ IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST ASSOCIATED WITH A CLASS V SITE PI..AN FOR BANDERA HOLDINGS OFFICE 1. This waiver request to allow a sidewalk encroachment into the special landscape setback along Federal Highway came before the City Commission on January 18, 2811. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request to allow a sidewalk to encroach into the special landscape setback along Federal Highway. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. 1. WAIVER: Pursuan to LDR Section 2.4.7{B}{5}, prior to granting a waiver, the approving body shall make: a finding that the granting of the waiver: _, {a) Shall not adversely affect the neighboring area; {b} Shall not significantly diminish the provision of public facilities; {c} Shall not create an unsafe situation; and, {d} Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property far another applicant or owner. A. Waiver to Allow a Sidewalk Encroachment into the Special Landscape Setback: Per LDf~. Section 4.3.4{H){6){b){2), along Federal Highway, including the one- way pairs (5~' and fi"' Avenues), extending from SE 1Uth Street to the north City limits, but excluding the blocks between SE 1~` Street and NE 1S` Street, a 10 foot {10'} special landscape area~`shall be provided on both sides of the ultimate right-of--way. The special landscape area shall not be required between the front building edge and the ultimate right-of-way where storefronts face the roadway ar~d no parking or vehicular circulation areas are provided between the building and the right-of-way. The majority of the property provides the required special landscape setback. However, the City Commission Meeting from January 1 S, 201 ~~ ltem 9.A. ~ _... `:.~ sidewalk and retaining wall north of the northeast corner of the building- encroaches into the required landscape area. . The applicant has submitted the following verbatim narrative in support of the waiver; ;.; "`tl% are requesting a waiver from the LDR's fo accommodafe a low retaining'=wall and concrete wa/kway for pedestrian access to the site from the existing 'concrete sidewalk along Federal Highway. (Note: that _the existing grade difference of approximately 24'; requires the retar""Wing wall),,." ',. Does the waiver request meet all of the requirements of 2.x.7'{B}{~~? ~4 Yes / No ~ The Gity Gommission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was ~;.~ submitted and finds that its determinations set forth in this C?rder are consistent with the ,.- Con'~prehensive'~Plan. 4. Ttie City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves / denies the waiver request to [_QR Section 4.3.~~H)(6~{b)(2), 6. Based on the entire record before it, the Gity Gommission hereby adopts ~: this Urder thisu'18th day of January, 2011, by a~`vote of 4 in favor an 4 opposed. t 1 ATTEST: - Chevelle N~.rbin, City Clerk 2 Cr`ty Commission Meeting from January 18, 2019; Item 9.A, .. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA MODIFICATION OF STANDARDS FOR APPROVAL REQUEST ASSOCIATED WITH A DOCK PERMIT FOR 4'14 N. ANDREWS AVENUE 1. This modification of standards for approval request to permit a decrease in the minimum distance requirement for docks from the adjacent property came before the City Commission on January 18, 2011. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the request to permit the decrease in the minimum distance requirement for docks from the adjacent property. All of the evidence is a part of the record in this case, Required findings are made in accordance with Subsection I. I. MODIFICATION OF STANDARDS FOR APPROVAL: Pursuant to LDR Section 7.9.4(A} prior to granting a modification of standards for approval, the approving body shall make a finding that the granting of the modifcation of standards for approval; (a) is not feasible or will constitute hardship; and (b) will not endanger public safety and welfare. A. Modifications of Standards to Permit a Decrease in the Minimum Distance Requirement for Docks from the Adjacent Proper#y: LDR Section 7.9.6{B) restricts docks to be no closer than ten {10} feet of the property line or adjacent property or the distance established for the side yard setback whichever is greater. The owner will be reconstructing the.existing dock that is currently at six and a half {6,5} feet from the north property line and one and a half {1.5) feet from the south property line. "fhe owner and Chief Building Official agree that the existing and reconstructed dock will not endanger public safety and welfare. The original dock was constructed prior to the completion of the home in 1068. Cify Commission Meefittg on Jattuaty ~~, 2t?91, Item 9.8. • ., ~~ Does the modification of standards for approval request meet all of the requirements of 7.9.4(A}~ Yes ~ too 3. ~ The City Commission has applied the Comprehensive Plan and CDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. ~, The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testjrnony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves ~ denies the waiver request to LDR Section 7.9,5(Bj r fi. Based on the entire record before it, the City Commission her y adopts this Order this 18th day of January, 2011, by a vo e of iri favor an~ o osed, AT'T'EST. Nelsons Mc u fie, Ma Chevelle Nubin, City ClerEc 2 City Commission Meeting on January 18, 2011; Item 9.8. FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY. MUNICIPAL. AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-FIRST NAME-MIDDLE NAME MAILING ADDRESS CITY COUNTY DATE ON WHICH VOTE OCCURRED 1/18/2U11 NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, 4R COMMrTEE Delray Beach City' Camm:iss3.on THE BOARD, COUNCIL, COMMISSION, AllTHORnY OR COMMITTEE ON wH1CH 1 SERVE #S A UNn' OF: $$GnY ^ COUNTY ^ OTHER LOCAL AGENCY NAME OF POLITICAL SUBDIViS10N: MY POSITION IS: ELECTNE ^ APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other loco] level of govemment on an appointed or elected board, council, commission, aukhority, or committee, It apples equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Flor]da Statutes. Your responsibi]ities under the law when faced with voting on a me2usure in which you have a conflict of in#erest will vary greatly depending on whether you hold an e]ective or appointive posi#]on. For. this reason, please pay close attention to the instructions on this form before completing the reverse side and fling the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION '1't2.3143, FLORIC)A STATUTES A person ho]ding e]ective or appointive county, municipal, or other Local pubic office MUST ABSTA]N from voting on a measure which inures to his or her special private gain or loss, Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or toss of a principal {other than a government agency} by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained}; to the specie] private gain or loss of a relative; ar to the speaal private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 1ti3,355 or 153,357, F,S., and officers of independent special tax districts e]ecked on a one-acre, one-vote basis are not prohibited from voting in that capacity. . Far purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-ln-law, mother-in-]aw, son-in-law, and daughter-in-taw. A "krusines5 associate° means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, ja]nt venturer, coowner of property, ar corporate shareholder (where the shares of the corporation are not listed an any national or regional stock exchange}. ELECTEE} OFFICERS: In addition to abstaining from voting ]n the situations described above, you must disclose the confict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assemb]y the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this farm wi#h the person responsible for recording the min- utes of the meeting, wiio should incorporate the form in the minutes. APPOINTEE} OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFI_UENGE THE. DEGl5]ON PRIOR TO THE MEETING AT WH[GH THE VOTE WILL BE TAKEN: • You must eomple#e and fi]e this farm {before making any attempt #o influence the decision} with the person responsible for recording the minutes of the meeting, who will ]ncorporate the form in the minutes. {Continued on other side} CE FdRM 8B - EFF. 112000 Item 9.A.. PAGE t APPOINTED OFFICERS {continued} A copy of the form must be provided immediately to the other members of the agency. . The foml must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. Yau must complete the form and file i# within t 5 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the farm in the minutes. A copy of the farm must be provided Immediately to the other members of the agency, and the form must be read publicly at the next meeting after the farm is filed. DISCLOSURE OF LOCAL OFFICER`S INTEREST I, Gary EZiapoulas hereby disclose that on saa'~r9" ~•~ , ~~ 11 {a} A measure came ar will come before my agency which (check one} ' ,_ inured to my special private gain or loss; - ~ inured to the special gain or lass of my business associate, .,~.~~ _ inured to the special gain or lass of my relative, inured to the special gain or lass of ~ by t whom 1 am retained; or _ inured to the special gain or loss of ,whiah is the parent organization ar subsidiary of a principal which has retained me. {b) The measure before my agency and the nature of my conflicting interest in the measure is as follows; Rupi ~ El.iopoulos A.rchitecCure, Txt+c. t 1118/2011 Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED 8Y ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCJ=ER $10.0{}0. CE FORM SB - EFF. i/2000 PAGE 2 r . FORS 8B IVIE~ORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL ,AND OTHTR LOGA~ PUBLIC OFFICERS LAST NAME-FIRST NAME-MIDDLE NAME NAME OF BOARC}, GOUNCII, COMMISSION, AUTHORITY, OR COMMITTEE Sl3o oulos Ga Delra Beach Ci Co>~ission MAILING ADDRESS THE BOARD, COUNCIL. COMMISSION, AUTHORITY OR COMMITTEE ON 20 Geox a Bush Boulevard WHICH ! sERVE Is A uNrr aF: CITY COUNTY ~nY D COUNTY D OTHER LOGALAGENCY NAME OF POLITICAL SU6DIYISlON: City of Delray Beach DATE ON WI-ITCH Vt}TE OCCURRED 1JI8/2011 MY POSITION IS: ~ ELECTIVE D APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other focal level of govemment an an appointed or elected board, council, commission, authority, or committee. !t applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112,3143, Florida Statutes. k. Your responsibilities under the law when faced with voting an a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions an this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION "192.3'!43, FLORIDA STATUTES A parson holding elective or appointive county, municipal, or other local public offrce MUST ABSTAIN from voting on a measure which inures to his or her special private gain or lass. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the spacial gain or loss of a principal {other than a govemment agency} by whom he or she is retained {including the parent organization or subsidiary of a corporate principal by which he or she is retained};.to the special private gain or loss of a relative; ar to the special private gain or loss of a business associate. Commissioners of community redevelciPiTlent agencies under Sec, 163.356 ar 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "fela#ive" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, faftrer-in-law, mother in-law, son-in-law, grid daughter-in-law. A "bUSineSS associate' means any person or entity engaged in or canying an a business enterprise with the officer as?a partrler, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national';or regional stock exchange}. s • r t • * ~ r - r x • f t • - t k ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict; PRIOR. TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITWIN 1S DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible far recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS; Atthough you must abstain from eating in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction, IF YOU lNTEN[} TO MAKE ANY ATTEMPT TO 1NF1_UENCE THE DECISION PRIOR T© THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must.complete and file this farm {before making any attempt to influence the decision} with the person responsible for recording the minutes of the meefiing, who will incorporate the form in the minutes. {Continued on other side} CE FoI~M ae - EFF. tizooa Item 9.E. PAGE ~ APf~OfNTED C?FFIGERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. ]f= YflU MAKE NO ATTEMPT Tfl iNFI_UENCE THE DECiS]flN EXCEPT BY DISCUSS]C?N AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must compete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the farm must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the Corm is filed. DISGfrC?SURE QF f_C3GAf_ GlFFfGER'S fNTEREST 1, Gary' ~-~-°p°u~-°$ hereby disclose that on 3$~ 1~ ~Q it {a} A measure came or wi11 come before my agency which {check one} g inured to my specia! private gain or loss; ~ Architectuxa, Inc. inured to the special gain or loss of my business associate, ; inured to the special gain or loss of my re]ative, , ,~ inured to the speaal gain or loss of , by whom I am retained; or ,,~ inured to the special gain or loss of which is the parent organization or subsidiary of a principal which has retained me. {b} The measure before my agency and the nature of my conflicting in#erest in the measure is as follows: 1/1812011 Date Filed NOT]CE; UNDER PROVISIONS OF FLORIDA STATUTES §11.317, A FAILURE TC MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCT]ON IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $1 Q,QflO. CE FC)RM SB - EFF. 212000 PAGE 2 Jp `. i , FORM 86 NIEMO~;ANDUM OF VOTING CONFLICT FOR COUNTY ~UNICIPA~, AND OTHER LOCAL PUBIC OFFICERS LAST NAME-FIRST NAME-MIDDLE NAME NAME £?F BOARD, COUNCtL, CQMMIS5lQN, AUTHORnY, OR COMMITTEE F'~ is o~I.os Ga a ach C t i i MAILING ADDRESS THE BOARD, COUNCIL, CaMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: m` ^ COUNTY ^ OTHER LOCAL AGENCY CITY COUNTY Delray Beach, Florida 33444 Palm Beach MME of PaLrrICAL suaDlvlsloN: City .©f Delray Beach DATE C+N WHICH V{}TE OGCURRED ~.JI.Sj~I}~.~. MY POSITION IS: ELECTIVE ^ APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, Gity, ar other Iota! level of government an an appointed or elected board, counal, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes, Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION "172.3'143, FLORIDA STATUTES A person holding elective or appointive caurlty, municipal, ar other local public office MUST ABSTAIN from voting an a measure which inures to his or her special private gain or loss. Each elected ar appointed local officer also is prohibited from knowingly voting an a mea- sure which inures to the special gain ar loss of a principal {other than a government agency} by whom, he or she is retained (inGuding the parent organization ar subsidiary of a corporate principal by which he or she is;.retained};.to the t;pecialrprivate gain ar loss of a relative; or to the special private gain or, loss of a business associate: Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote bas's are not prohibited from voting in that capacity. For purposes of this law, a"'relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-taw, mother-in-law, son-in-law, arid daughter-in-law, A °business assaGlate° means any person or entity engaged in ar carrying an a business enterprise with the officer as a par#ner, joint venturer, caowner of property, or corporate shareholder {where the shares of the corporation are not Listed on any national' or regional stock exchange}. ELECTED OFFICERS: !n addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO "fHE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; arrd WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible far recording the min- utes of the meeting, who should incorporate the farm in the minutes. ,. ~~ APPOINTED OFFICERS; Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally ar in writing and whether made by you or at your direction. IF YOU INTI=ND T© MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEE'T1NG AT WHICH THE VOTE WILL BE TAKEN: You must complete and file this form (before making any attempt to influence the decision} with the person responsible far recording the minutes of the meeting, who will incorporate the farm in the minutes. (Continued an other side} CE FCtRM 88 -EFT. 112000 ItetII ~. F. PAGE 1 APPQINTECt C}FFIGERS {cc>'ntinued~ A copy of the form must tie provided immediately to the other members of the agency. The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE ©ECISIC}N EXCEPT BY DISCUSS[ON AT THE MEETING: You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 5 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the fomt must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the farm is filed. dISCLt,7SURE OF LOCAL OFFICER'S INTEREST l Gary Eligponlos , hereby disclose that an Jaauary 1$ 2p 11 {a) A measure came or will come before my agency which {check one) ~ inured to my speraal private gain or loss; GE Archi.tectnre, Inc. -___ Enured to the special gain or loss of my business associate, ; ,_,_,_ inured to the special gain or loss of my relative, ; ,_,_ Enured to the special gain or lass of , by whom l am retained; or - inured to the special gain or loss of which is the parent organization or subsidiary of a principal which has retained me. {b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: i/1812~11 Date F'sled NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURI= CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $1Q,t)p0. CE FORM $B - EFF. tl2ooo PAGE 2 j ... `,